Section 144 crpc is imposed when the government thinks that there are chances of disturbance of the public tranquility or a riot in any area. With protests against the citizenship amendment act intensifying at several places across many states, several state governments have imposed section 144 of the criminal procedure code crpc to curb the protests what is section 144 of crpc. Sometimes in situation it is not possible to distinguish between section 144 and curfew. Code of criminal procedure, 1898 as amended by act 2 of 1997 the code of criminal procedure, 1898 pakistan as amended by act ii of 1997 part i preliminary chapter i 1. In india we often hear in news about the applicability of section 144 at different parts of the country in case of riots or strikes or vase public processions.
Expansive powers, in the hands of many officers this is the third post in a multipart series on the blog on section 144, cr. Section 144 of crpc questions rule of law abc live india. Section 144 of the criminal procedure code crpc of 1973 empowers the magistrate to prohibit the movement or assembly of more than five person in an area. It is also used to order mobile phone companies to block voi. Section 144 of criminal procedure code crpc imposes power to executive magistrate to restrict particular or a group of persons residing in a.
Section 144 of criminal procedure code crpc is frequently used to prohibit assemblies of four or more individuals, or to order mobile. Code of criminal procedure, 1898 complete act bare act. Section 144 of the criminal procedure code crpc of 1973 empowers an executive magistrate to issue orders in urgent cases of nuisance or apprehended danger. Section 144 of the criminal procedure code crpc of 1973 empowers an executive magistrate to issue orders in urgent cases of nuisance or. Section 144 of code of criminal procedure current affairs. An act to consolidate and amend the law relating to criminal procedure. Power to issue order in urgent cases of nuisance of apprehended danger. The british raj used section 144 for the first time in 1861.
Despite punjab governments imposition of section 144 of the criminal procedure code crpc 1898 on the mall road, in compliance with the. Unlawful assembly is a legal term to describe a group of people with the mutual intent of. The section also empowers the authorities to block internet access. This section resides as the sole occupant under the chapter of temporary measures to maintain public tranquility and gives state governments the power to issue orders for immediate remedy in urgent cases of nuisance or. Pdf crpc pdf download criminal procedure code pdf 2020. The need of the hour amid covid19 crisis yourstory. In cases where, in the opinion of a district magistrate, a sub divisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for.
It empowers certain functionaries to issue orders to prevent and address. Act xix of 1961, to be a sessions division and is to be deemed to be a district within the meaning of section 7 of the criminal procedure code and the criminal procedure code is to have effect accordingly. It is issued in urgent cases of security threat or riot. It should be noted that section 144 crpc is not same as or equivalent to a curfew orders of curfew are issued in more severe situations where people of the area are instructed to stay indoors for a specific time or period all public establishments such as markets, schools, colleges, etc. Crpc section 144 power to issue order in urgent cases of. Provided that the provisions of this code, other than those relating to chapters viii, x and xi thereof, shall not apply a to the state of nagaland, b to the tribal. Law and order situation worse in many part of the country. The police has imposed section 144 to maintain peace order. In cases where, in the opinion of a district magistrate, a subdivisional magistrate or any other executive magistrate specially empowered by the state government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is.
Section 144 also empowers the authorities to block the internet access. Section 145 in the code of criminal procedure, 1973. This is a notification issued by the district magistrate. Legality of internet shutdowns under section 144 crpc. What is the difference between curfew and crpc section 144. In the backdrop of invocation of section 144 of criminal procedure code crpcin many parts of the country amid protest, this article highlights that this provision of criminal law is a legacy of british which we continue to practice even in modern times. The court held that in case of a law and order situation, it is up to the competent authority, i.
When and why the government tends to invoke this section. Crpc on the other hand will determine the way in which the police, prosecutors and magistrates or judges will act during the investigation and trial of the case. Section 144 of crpc burning issues free pdf download. So, to curb the situation government in several districts of state imposed section 144 of crpc. Section 144 of crpc empowers the executive magistrate to prohibit the unlawful assembly of five or more people in the area in which it is imposed. Drishti ias has taken an initiative to provide the best.
Editorial analysis section 144 of crpc aspirant world. Due to which prohibitory orders have been issued by the state governments under section 144 of the code of criminal procedure, 1973. No order under section 144 shall remain in force for more than two months but the state government can extent the validity for two months and maximum up to six months. Though the scope of section 144 is wider, it is often used to prohibit assembly of three or more persons when unrest is anticipated. You can get this pdf for free or by paying any small amount and helping me. The previous post traced a historical arc stretching from 1861 till the end of the 19th century to show the gradual development of section 144, cr. Section 144 of the criminal procedure code crpc of. What if police gives a notice under section 1442 crpc. Section 144 of the criminal procedure code crpc of 1973 is a colonialera law that empowers the executive magistrate to issue orders to prevent and address the urgent cases of apprehended danger or nuisance. India has seen numerous internet shutdowns for various reasons in this year, all under the same provision of law section 144 of the code of criminal procedure, 1973 crpc. It can be withdrawn at any point of time if situation becomes normal. Section 144 was used for the first time in 1861 by the british raj, and thereafter became an important tool to stop all nationalist protests during the indias independence struggle.
Section 144 in the code of criminal procedure, 1973 indian kanoon. Gk topic, section 144 crpc code of criminal procedure crpc. Get ready for upsc civil services preliminary exam 2020 with insights insta 75 days revision plan. Important aspects of governance, transparency and accountability. Attend current affairs classes with neo ias academy provided by gaurav sir for civil services exams with conceptual clarity.
Read upsc current affairs news on section 144 of code of criminal procedure which is discussed in question and answer format published on december 20,2019 you can download the pdf version of the news exclusive for ias aspirant. Section 144 of the criminal procedure code crpc is used to prohibit assemblies of four or more individuals. Context with protests against the citizenship amendment act intensifying at several places across many states, several state governments have imposed section 144 of the criminal procedure code crpc to curb the protests. Who and why it is continue reading section 144 crpc. Analysis of section 144 of crpc legal services india. Analysis of section 144 of crpc legal service india. Code of criminal procedure 1898 complete act citation.
What is section 144 of crpc, duration of section 144 of crpc. Here is a beautiful, mobile perfect pdf for criminal procedure code, 1973. Caa nrc protest crpc section 144 several state governments have invoked section 144 in cities in the wake of protests against the citizenship amendment act caa and the nrc. Section 144 of crpc current affairs upsc prelims 2020. In this article, kanishk khullar discusses section 144, laws punishing unlawful assembly under the indian penal code. Section 144 is a major tool in the hands of the executive magistrate to prevent obstruction, annoyance. Section 144 crpc imposed in west karbi anglong the.
Section 144 was declared within a 100 metre radius of all exam centres, to prevent malpractice and indiscipline. District magistrate, a subdivisional magistrate or any other continue reading section 144 of criminal. Explore section 144 of the crpc profile at times of india for. In this backdrop, here is an overview of section 144 of the code of criminal procedure crpc. Deputy commissioner of west karbi anglong syed isfaqur rahman on monday issued a prohibitory order under section 144 of the crpc in order to contain any spread or entry of the coronavirus among the public. Satheesh declared section 144 in thiruvananthapuram, to prevent the spread of dengue, which can be transferred through urine. Section 144 in the code of criminal procedure, 1973. Since then, it was used by the colonial government to suppress all the. Section 144 crpc is a law retained from the colonial era. Citizenship amendment act by issuing prohibitory orders under section 144 of crpc. Be it enacted by parliament in the twentyfourth year of the republic of india as follows. State governments have issued prohibitory orders under section 144 of the code of criminal procedure crpc, 1973 to deal with demonstrations by protesters against the citizenship amendment act.
The court also said that while section 69a of the it act was meant to block certain websites, section 144 crpc the government could issue directions to persons who are responsible for extending internet access. What is section 144 of crpc, what is curfew, what is the. Section 144 of the criminal procedure code crpc of 1973 empowers a magistrate to prohibit an assembly of more than ten people in an area. Latest and breaking news on section 144 of the crpc. Section 144 of criminal procedure code ias gatewayy. Once section 144 is promulgated, the penal provision of it, breach is covered us 188 of ipc, where the disobedience of the order causes or tends to cause obstruction. Section 144 of criminal procedure code crpc explained. As the protests on caa has intensified, state governments have sought to control the demonstrations by issuing prohibitory orders under section 144 of.
In brief, section 144 confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Section 144 notification is issued by the district magistrate of the area. All you need to know about unlawful assembly or section 144. Procedure where dispute concerning land or water is likely to cause breach of peace. Download pdf files of current affairs notes by clicking following link. Power to issue order absolute at once tri urgent cases of nuisance or apprehended.
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